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2026 DAILYLAW 47804 (KAR)

IRFAN KHAN v. STATE BY WOMEN POLICE STATION

CRL.P/4424/2024 · 2026-01-29

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5186 CRL.P No. 4424 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4424 OF 2024 BETWEEN: 1. IRFAN KHAN S/O KAMEEL KHAN AGED ABOUT 34 YEARS, R/AT NO.44 , 2nd FLOOR, 4th MAIN ROAD, SULTHANPALYA MAIN ROAD, BUVANESHWARI NAGAR, BENGALURU - 560 023. 2. NASEEM UNNISA W/O KAMIL KHAN, AGED ABOUT 61 YEARS, R/AT NO.1882/2, 2nd CROSS, V V PURAM, GUTHALU COLONY MANDYA - 571 403. 3. SIDDIKA ANJUM W/O ZIALULLA KHAN AGED ABOUT 40 YEARS, DOOR NO. 380, I FLOOR, 4TH CROSS, 2ND STAGE, RAJIV NAGAR, MYSORE - 570 019. 4. ZIAULLA KHAN S/O NAZEER KHAN Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5186 CRL.P No. 4424 of 2024 AGED ABOUT 47 YEARS, DOOR NO. 380, I FLOOR, 4TH CROSS, 2ND STAGE, RAJIV NAGAR, MYSORE - 570 019. 5. ARSHIA ANJUM W/O M.S. HIDAYATH ULLA AGED ABOUT 38 YEARS, R/AT NO. G4148, YATHAGADAHALLI ROAD, 3RD CROSS, V V LAYOUT, NEAR URDU SCHOOL, GUTHALU COLONY, MANDYA - 571 403. 6. M.S HIDAYATH ULLA S/O SHAFIL ULLA BAIG, AGED ABOUT 49 YEARS, R/AT NO. G4148, YATHAGADAHALLI ROAD, 3RD CROSS, V V LAYOUT, NEAR URDU SCHOOL, GUTHALU COLONY, MANDYA - 571 403. …PETITIONERS (BY SRI. R. KOTHWAL, ADVOCATE) AND: 1. STATE BY WOMEN POLICE STATION MYSURU CITY, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. - 3 - HC-KAR NC: 2026:KHC:5186 CRL.P No. 4424 of 2024 2. MISBA ANJUM W/O IRFAN KHAN AGED ABOUT 27 YEARS, R/AT NO.169, 7th CROSS, I STAGE, RAJIV NAGAR, MYSURU CITY - 570 019. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. ABDUL ANSAR P., ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FIR IN CR.NO.21/2024 FOR THE OFFENCE P/U/S 498A, 324, 504, 506, 149 OF IPC, 1860 AND U/S 4 OF D.P. ACT, PERTAINING TO MYSURU WOMEN POLICE STATION, PENDING ON THE FILE BEFORE HONBLE 7TH ADDL. CIVIL JUDGE (SR.DN.) AND JMFC COURT, MYSURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the registration of a crime in Crime No.21/2024 for offences punishable under Sections 498A, 324, 504, 506 and 149 of the IPC and under Section 4 of the Dowry Prohibition Act, 1961. - 4 - HC-KAR NC: 2026:KHC:5186 CRL.P No. 4424 of 2024 2. Heard Sri. R. Kothwal, learned counsel appearing for the petitioners, Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1, Sri. Abdul Ansar P., learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. The joint affidavit so filed reads as follows: "JOINT AFFIDAVIT I, Irfan Khan, S/o Kamil Khan, aged about 35 years, R/at No.44, 2nd floor, 4th main road, Sulthanpalya main road, Buvaneshwari Nagar, Bengaluru-560032 (herein referred as First Party/Petitioner No.1). I, Misba Anjum, D/o Anwar Basha, Aged about 30 years, R/at No. 169, 7th cross, 1st stage, Rajiv Nagar, Mysuru city- 570019 (herein referred as Second Party/Respondent No.2)., today at Bengaluru do hereby solemnly affirm and state on oath as follows; 1. We are Petitioner No.1 and Respondent No.2/Defacto- Complainant respectively, in the above said case and we are well aware with the facts and circumstances of the case and competent to swear to this affidavit. 2. We state that, the averments made in the memorandum of petition may be treated as part and - 5 - HC-KAR NC: 2026:KHC:5186 CRL.P No. 4424 of 2024 parcel of this affidavit in order to avoid brevity and circumlocution. 3. We state that, the Petitioners herein had filed the present Petition seeking to quash the FIR in Crime No. 21 /2024 for the offences Under Sections 498A, 324, 504, 506, 149 of Indian Penal Code, 1860 and under Sections 4 of Dowry Prohibition Act pending on the file of Hon'ble 7th Addl. Civil Judge (Sr. Dn) & JMFC, Mysuru. 4. We state that, on 01.02.2024, second party submitted a complaint to the Respondent No. 1 against the first party and resultantly, the above FIR came to be registered against the Petitioners. 5. We state that, the complaint given by Respondent No.2 on 01.01.2024 was made in the spur of the moment and we also submit that we have settled the matter amicably. 6. We state that, Divorce decree dated 06.08.2025 has been passed by the learned Family Court, Mysuru in O.S No.110/2024 in pursuant to the same we have dissolved our marriage trough Khula Nama dated 21.09.2025. The copy of the Divorce decree and Khula nama is affixed along with this present affidavit. 7. We also state that we have entered into Memorandum of settlement deed on 21.09.25 by agreeing to all the terms and conditions specified in the said deed. The copy of the same is annexed herewith. 8. Moreover, we have decided to close the dispute in a dignified manner, without any friction or bad blood between ourselves. Hence, a lenient view may kindly be taken while considering this affidavit. 9. We state that, the dispute arose out of personal misunderstandings and emotional circumstances surrounding our relationship. Since we have mutually decided to separate from each other, there remains no subsisting grievance between us to justify the continuation of criminal proceedings. 10. We state that, there is no coercion, undue influence or force from anybody upon us to file this affidavit and - 6 - HC-KAR NC: 2026:KHC:5186 CRL.P No. 4424 of 2024 the second party willfully consents to quash the FIR in Crime No. 21 /2024 for the offences Under Sections 498A, 324, 504, 506, 149 of Indian Penal Code, 1860 and under Sections 4 of Dowry Prohibition Act pending on the file of Hon'ble 7th Addl.Civil Judge (Sr. Dn) & JMFC, Mysore against all the Petitioners WHEREFORE, we humbly pray that this Hon'ble court be pleased to accept the joint affidavit and this Hon'ble court be pleased to allow the criminal petition by quashing the FIR in Crime No. 21 /2024 for the offences Under Sections 498A, 324, 504, 506, 149 of Indian Penal Code, 1860 and under sections 4 of Dowry Prohibition Act pending on the file of Hon'ble 7th Addl. Civil Judge (Sr. Dn) & JMFC, Mysore against all the Petitioners herein in the interest of justice and equity. Whatever stated in para no. 1 to 10 of the affidavit is true to the best of our knowledge, belief and information." 4. In the light of application for compounding being filed along with the joint affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against these petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER i. Criminal Petition stands disposed. ii. Proceedings pending in Crime No.21/2024 pending before the 7th Additional Civil Judge (Sr.Dn) and - 7 - HC-KAR NC: 2026:KHC:5186 CRL.P No. 4424 of 2024 JMFC Court, Mysuru, against these petitioners stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 60 CT:BHK